IAEA inspectors rights
description
Transcript of IAEA inspectors rights
Introduction________________________________________________________________1
Background________________________________________________________________2The Nuclear Non-Proliferation Treaty______________________________________________3
International Atomic Energy Agency_______________________________________________4
Recent History__________________________________________________________________7
Violators of the NPT_____________________________________________________________7
Other Non-Nuclear Policies______________________________________________________10
Current Status_____________________________________________________________14
Key Positions______________________________________________________________16Western Hemisphere____________________________________________________________16
Latin America and Caribbean____________________________________________________17
Africa_________________________________________________________________________17
Oceana________________________________________________________________________17
Middle East____________________________________________________________________18
NGO Positions_________________________________________________________________19
Media Positions________________________________________________________________20
Summary_________________________________________________________________22
Discussion Questions________________________________________________________24
Glossary__________________________________________________________________25
Appendix A: Strengthened Safeguards System: States with Additional Protocols_________0
Appendix B: States that Have Ratified or Acceded to the NPT as of 1 March, 2005_______2
Appendix C: IAEA Organizational Chart__________________________________________3
1
IntroductionThe concern of preventing nuclear proliferation spurred the creation of international,
regional and national safeguards to monitor nuclear activities. Verifying the proper use of
nuclear technology is entrusted on an international level to the International Atomic Energy
Agency (IAEA), an organization created to enforce the Nuclear Non-Proliferation Treaty
(NPT). Signatories of the treaty agree to the terms and conditions of the treaty. The
provisions within the NPT include individual agreements with the IAEA to prevent the
proliferation of nuclear weapons, additional protocols to monitor nuclear activity, and to
deter the use of technology for non-peaceful applications. To ensure compliance, various
types of inspections are necessary on regular or irregular basis in declared and undeclared
nuclear facilities. The relationship between the IAEA and member states of the NPT is based
solely only on continued membership. Withdrawing states are no longer subjected to IAEA
safeguards or inspections.
Inspection teams from the IAEA perform two main forms of inspections: routine and
special inspections. Routine inspections simply verify nuclear activities, while special
inspections request the particular state access to declared and undeclared sites within a short
notice period. Any request can be denied, but the IAEA Board of Governors has the ability to
override this decision. In cases such as these, the issue of whether an international agency
should have more rights in a territory that a state holds sovereignty in arises. For states that
are declared Nuclear Weapon States (NWS), unrestricted access available to IAEA
inspectors also infringes upon national security and secret military programs. This concern of
states that wish to be a member of the NPT, but do not wish to give unrestricted access,
allow states that wish to be seen as non-hostile to hide behind the pretenses of the treaty.
This excuse is used to restrict access on the basis of sensitive military information. Despite
potentially invasive inspections, the benefits of permitting IAEA inspections include
increased transparency of nuclear activity and intent.
The issue of IAEA inspections infringing upon state sovereignty has been assessed
from the creation of the Nuclear Non-Proliferation Treaty. State sovereignty is defined as the
ability of a state to have power within its territory to rule. IAEA inspection teams require
2
access to sites within the territory of a signatory state. With increasing requests of access for
inspection teams to sites of nuclear activity and storage, states have questioned whether the
amount sovereignty it has relinquished to verify compliance with the NPT has been exceeded
through subsequent inspections on its territory.
BackgroundThe Second World War commenced a new age of warfare with the development of
the atomic bomb. From conceptualization to testing the first atomic explosion, the United
States maintained absolute secrecy about the Manhattan Project, to prevent the Germans
from obtaining technology to enrich Uranium to produce a nuclear weapon. During World
War II, the Allies crossed the finish line of the nuclear race when the United States
successfully developed and dropped two atomic bombs on Hiroshima and Nagasaki in 1945.
Although the Allies won the war, the United States attempted to keep the atomic secret
cloaked. However, the Soviet Union obtained the technological process and materials, and
detonated its first atomic explosion in 1949. 1
Following the Soviet atomic explosion, the United States competed with the Soviet
Union by accumulating a record number of nuclear warheads and weapons, with arsenals
reaching 33,000 and 45,000 warheads respectively. Following the stockpiling of in nuclear
weapons by the Cold War’s two competitors, both Britain and France independently
developed and tested nuclear weapons by 1960. Four years later, China followed and became
one of the original nuclear club members in 1964.2 After seeing the horrific realities of
atomic warfare following the Second World War, these original members of the nuclear club
grew concerned about the proliferation of nuclear weapons if other state and non-state actors
obtained the technology. This concern developed the Nuclear Nonproliferation Treaty
(NPT), which became an international regime to prevent the spread of nuclear weapons.
1 Mary H. Cooper, "Non-Proliferation Treaty at 25." The CQ Researcher 5, no. 4 (January 27, 1995), http://library.cqpress.com/cqresearcher/cqresrre1995012700, (accessed February 1, 2006).2 Ibid.
3
The Nuclear Non-Proliferation TreatyThe Nuclear Non-Proliferation Treaty was signed in 1968. The NPT is an
international agreement to limit the spread of nuclear weapons and technology, decrease
stockpiles of nuclear weapons, and promote the use of nuclear technology for peaceful
purposes. This treaty has a large conglomeration of member states that have entered a
multilateral agreement to prevent the proliferation of nuclear weapons as an international
force. The main framework of the NPT aims to prevent the growth of current nuclear
programs. The treaty distinguished member states as Nuclear Weapons States (NWS) and
Non-Nuclear Weapon States (NNWS) at the inception of the treaty. The five original NWS
include China, France, Russia, United Kingdom, and the United States. There are eight
known NWS to this date. These three additions to the NWS, including India, Pakistan and
Israel, are not member states of the NPT, and therefore are not bound to the terms of the
treaty.3
Of key importance is Article I of the NPT. Note that Article I of the treaty clearly
expounds that no party to the treaty should transfer or accept: nuclear weapons or other nuclear explosive devices or control oveir such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive device.4
This article is especially important for both NNWS and NWS member states of the NPT
because reinforces the international resolve to prevent the growth in NWS. Article II extends
to states that have not already developed or acquired nuclear weapons by encouraging any
party to the treaty not to accept or seek the transfer of any nuclear material or technology.
Despite the restrictive natures of Articles I and II, membership to the NPT has advantages
that are stated in Article IV. Article IV discusses one of the most beneficial aspects of being
a part of the international non-proliferation regime: use of nuclear technology for peaceful
purposes. Both NNWS and NWS are permitted to research and use nuclear technology for
peaceful applications. Equipment, materials and information relating to these applications 3 International Atomic Energy Agency, “Treaty on the Non-Proliferation of Nuclear Weapons,” 22 April, 1970, http://www.iaea.org/Publications/Documents/Infcircs/Others/infcirc140.pdf, (accessed 1 February 2006).4 Ibid.
4
may be shared with other member states, including NNWS, to promote scientific
advancement. Article IV provides an incentive for NNWS to comply with the NPT because
it offers clear advantages to states that are in developing areas of the world.
While the Nuclear Non-Proliferation Treaty’s original intent was to prevent the
growth of nuclear arsenals, member states realized that compliance with the treaty could not
be verified without an independent agency whose sole purpose was verifying and monitoring
the use of nuclear technology and materials. The International Atomic Energy Agency
(IAEA) became responsible for safeguarding nuclear knowledge, and insuring compliance of
all signatories.
International Atomic Energy Agency In 1957, signatory parties of the NPT created the International Atomic Energy
Agency (IAEA) as the nuclear ‘watch-dog’ to reduce qualms of nuclear proliferation. Under
the treaty, the IAEA is responsible for ensuring compliance with the Nuclear Non-
Proliferation Treaty, with its responsibilities beginning March 5, 1970 despite the signatory
date of the NPT in 1968. To fulfill its goals, the IAEA developed safeguards to prevent the
proliferation of nuclear technology and materials that would facilitate the development of
nuclear weapons. These safeguards entrust the IAEA as a ‘nuclear inspectorate’. The Third
Article in the NPT states that member states agree to allow the International Atomic Energy
Agency to enforce the terms “for the exclusive purpose of verification of the fulfillment of
its obligations assumed under this Treaty with a view to preventing diversion of nuclear
energy from peaceful uses to nuclear weapons or other nuclear explosive devices.5 The
article also recognizes the IAEA’s ability to create and verify safeguard agreements with
each individual state. Article III makes the IAEA responsible for monitoring all aspects of
any nuclear process, even if used for peaceful purposes, “within the territory of such State,
under its jurisdiction, or carried out under its control anywhere.”6 Each party of the NPT has
realizes that these safeguards are the means to achieving the goal of the treaty.
5 Ibid.6 Ibid.
5
The IAEA’s predominant role in nuclear non-proliferation is its development of
international safeguards. Safeguards encompass monitoring, verifying and protecting nuclear
activity. One hundred forty-five countries have signed individual agreements with the IAEA
to submit reports of nuclear activities. They also permit IAEA inspectors to verify the
nuclear activities, facilities and materials.7 While signatory nations agree to allow the IAEA
as ‘nuclear inspectorate’ by accepting the terms set by the treaty, the IAEA performs on-site
inspections that are part of its safeguards. Of these, routine inspections are the most common
verification method. These assessments of nuclear materials and work are done either on
schedule, or on a surprise basis. They are limited to declared sites or laboratories that work
with nuclear material or facilities where nuclear material is processed. The IAEA also has
the ability to carry out special inspections under certain circumstances in which it feels that
routine inspections have not allowed it to maintain nuclear safeguards. The Agency also
allows these types of inspections if it feels if information by the state is not adequate in
monitoring and verifying compliance with the Nuclear Non-Proliferation treaty. Lastly the
IAEA performs safeguards inspections to monitor the development of declared facilities, and
insure that these facilities have not deviated from their original plans.8 Despite this, an IAEA
inspector’s rights are limited by the notion that findings from inspections do not allow the
IAEA to penalize violators and enforce the NPT with international law.
For any reason, signatory states of the NPT “have the right to withdraw from the
Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have
jeopardized the supreme interests of its country.”9 Under the terms of the treaty, states have
most importantly agreed to the compliance with Articles I and II, and have allowed the IAEA
to ensure that these terms are being met. These clauses of the treaty realize that states are
giving up a part of their sovereignty by agreeing to the conditions set by the NPT. For this
reason, the Nuclear Non-Proliferation Treaty allows any state which believes that the treaty
7 International Atomic Energy Agency, “IAEA Safeguards: Stemming the Spread of Nuclear Weapons,” 02-02901 / FS Series 1/02/E, pg. 1, http://www.iaea.org/Publications/Factsheets/English/S1_Safeguards.pdf, (accessed, February 1, 2006). 8 International Atomic Energy Agency, “Factsheets & FAQs,” 2003-2004, http://www.iaea.org/Publications/Factsheets/English/sg_overview.html, (accessed February 2, 2006).9 Ibid.
6
has infringed upon its ‘supreme interests’ to withdraw from the agreement with three month
notice identifying the circumstances in which its national interests are jeopardized.
The International Atomic Energy Agency has as much power as the parties of the
treaty allocate to implement its safeguards systems. While many countries sign the Treaty,
the IAEA still requires cooperation on behalf of governments to permit inspectors to perform
outlined duties. The relationship between IAEA inspectors and the state governments is
clearly defined by individually negotiated comprehensive safeguard agreements for routine
on-site inspections. As with any non-state party interfering or inspecting a government’s
activities, the NPT calls for states to ‘relinquish some sovereignty’.10 In addition to
agreements between the IAEA and governments, the IAEA is restricted while performing
routine inspections. The Agency does not have authority nor reign to go beyond the terms of
inspections by allowing inspectors to search sites that are not on the itinerary. While the
IAEA also has the ability to request access to other sites when it feels that it does not have
‘adequate’ information to ‘fulfill its responsibilities’, states maintain sovereignty over the
land they rule, and can deny the inspectors clearance. 11 This ideal relationship as agreed
upon in the Structure and Content of Agreements Between the Agency and States Required
in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons not only
outlines responsibilities in insuring compliance with all nuclear activities but also highlights
the limited resources the IAEA has in verification. With a constrained budget, the IAEA is
limited in its own effectiveness. IAEA spending in 1995, totaling seventy million dollars for
international inspections and verifications, clearly shows that it has to rely on state
cooperation by using States’ Systems of Accounting and Control (SSAC) because installing
and creating its own systems would go far beyond the money it already uses. 12
10 United States, Technology Assessment Board of the 103d Congress, Nuclear Safeguards and the International Atomic Energy Agency, Washington, DC: Government Printing Office (GPO), June 1995, 49. 11 International Atomic Energy Agency, “The Structure and Content of Agreements Between the Agency and States Required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons,” June 1972, INFCIRC/153 pt 73b, http://www.iaea.org/Publications/Documents/Infcircs/Others/inf153.shtml, (accessed February 2, 2006),12 “Nuclear Safeguards and the International Atomic Energy Agency,” 50.
7
Recent HistoryOne hundred eighty-eight states have agreed to the terms of the Nuclear Non-
Proliferation Treaty. From its inception, not all signatories have complied with the
stipulations and agreements set by the International Atomic Energy Agency. The most
notorious examples of such states include Iraq, North Korea, Iran, and Libya. These states
have misused membership status to the NPT under the pretense of Article IV. Evoking the
right of states to share and use nuclear technology for peaceful applications, states such as
Iraq and Iran deviated from IAEA safeguards and additional protocols, and developed
clandestine nuclear programs.
Violators of the NPTOf these violators, Iraq’s non-compliance with the NPT obligations, including
acquisition of nuclear materials for building weapons, was discovered in 1991 after the Gulf
War. Iraq deceitfully developed undeclared nuclear facilities and engaged in activities that
did not fall under IAEA scrutiny during routine inspections. Inspectors did not suspect any
‘illegal’ nuclear activity outside of the declared sites. Iraq had further disregarded its
individual safeguard agreements with the IAEA by producing plutonium and uranium fuel,
both which indiscretions were discovered by inspectors after the Gulf War.13 The relationship
between Iraq and its IAEA inspectors followed a traditional agreement, but Iraq’s deceptions
did not allow inspectors to discover flagrant violations during on-site inspections. Iraq
always found ways to delay or divert inspections by both the IAEA and UN Special
Commission (UNSCOM). Later on, these inspectors found a plethora of misleading records
on Iraq’s nuclear program and nuclear weapons delivery systems. Despite the IAEA’s ability
to request access to facilities not on the inspection itinerary at short notice, the agency was
hampered from performing its duties due to Iraqi deception. Further, Iraq was accused of
“misleading and incomplete declarations, efforts at confrontation and intimidation of
inspectors, infiltration measures to ferret out inspections plans in advance… and destruction,
removal, or dispersal of evidence to conceal the purpose of key facilities.”14 The situation in
Iraq spurred the IAEA Board of Governors to resolve holes in the agency’s ability to carry 13 Ibid 38-39.
8
out inspections for safeguard agreements. From 1992-1993, the IAEA Board of Governors
proposed systems to detect and gain clearance to sites agreed upon for inspection by both
states and the Agency, as well as undeclared sites. While it approved the need to restructure
safeguard systems, the IAEA Board of Governors also recognized the need to build a
foundation for further cooperation between the Agency and the state governments, and
increased undeclared routine inspections to rule out violations.15
North Korea is under scrutiny for non-compliance with IAEA safeguards. North
Korea signed the Nuclear Non-Proliferation Treaty in 1985, but never came to terms with the
determined IAEA safeguards that were supposed to be fulfilled within eighteen months of
ratification. Stretching far beyond the cushion time of eighteen months to comply, North
Korea refused to fulfill these safeguards for six years following ratification. In addition to
these blatant violations, North Korea refused to allow IAEA inspectors to perform routine
inspections at declared nuclear facilities, and denied requests to inspect two nuclear waste
sites. At this point in the early 1990’s, North Korea was suspected of developing a nuclear
weapon. Evoking the article of the NPT which allows a state to withdraw from the treaty
under ‘exceptional’ circumstances with detailed explanation to the IAEA with three month
prior notice, North Korea decided to pull out from the treaty. Later on, North Korea
suspended the withdrawal process. The North Korean state insists that it has a special status
under the NPT since its withdrawal is suspended, and therefore any safeguard systems do not
apply. In response, the IAEA and its other signatory parties have refused to recognize this
special status. With the support of the parties of the NPT, the IAEA was able to uncover
North Korean violations. Through sampling its original safeguard agreements, the inspectors
found North Korea producing more plutonium than it had originally declared. Support of
member NPT states also allowed the IAEA to perform special inspections of two undeclared
sites.16
14 George L. Rueckert, On-Site Inspection In Theory and Practice (Westport, Connecticut: Praeger Publishers, 1998), 232.15 Ibid 207-208.16 “Nuclear Safeguards and the International Atomic Energy Agency,” 39.
9
Iran began its nuclear activities in the 1970s, by constructing nuclear power plants for
energy, but soon suspended plans in 1979. In 1995, Iran created an agreement with the
Russian Ministry of Atomic Energy (Minatom), to help Iran complete the unfinished plants it
had begun in the mid-1970s. These completed nuclear plants provide nuclear energy that
supplies approximately four percent of the state’s total energy.17 Although Iran’s non-
peaceful nuclear activities are featured in recent news, its history traces back to the
establishment of nuclear energy plants. While the agreement between Minatom and Iran was
contracted in 1995, work began on the plants in 2003. During the same year, Iran was
accused of, and admitted to, using undeclared research facilities for enriching uranium by the
National Council of Resistance of Iran (NCRI), an opposition group. Iran maintained it
would use natural atomic resources to produce nuclear power, which spurred international
concern over Iran’s development of nuclear weapons.18 Early in 2003, Iran admitted to IAEA
inspectors that it had imported enough nuclear materials from China to assemble a nuclear
weapon. Later on in the same year, Iran admitted failure to comply with terms of the NPT in
the 1990’s by conducting uranium conversion experiments and developing heavy water. As a
result of these findings, the IAEA set a deadline of October 31, 2003 for Iran to comply with
safeguards to stop nuclear activity. Iran additionally signed an additional protocol that allows
the IAEA to perform surprise inspections. This additional protocol to the NPT permits
inspectors greater access to any nuclear facility, as well as the ability to investigate all
nuclear activities occurring in Iran. In December 2003, Iran signed the additional protocol
on the Nuclear Non-Proliferation Treaty, and placed a halt on its enrichment facilities. 19
Until the US invasion of Iraq, Libya kept its nuclear activities veiled in secrecy from
the international community. Despite membership to the NPT, Libya had developed
technology to enrich uranium, but had not implemented any enrichment programs.
Additional violations of the safeguards placed by the IAEA included the import of uranium,
17 International Atomic Energy Agency, “Country Nuclear Power Profiles: Islamic Republic of Iran,” http://www-pub.iaea.org/MTCD/publications/PDF/cnpp2003/CNPP_Webpage/countryprofiles/Iran/Iran2003.htm, (accessed February 3, 2006). 18 NTI, “Iran Profile: Nuclear Overview,” December 2005, http://www.nti.org/e_research/profiles/Iran/1819.html, (accessed February 3, 2006).19 Ibid.
10
enrichment technology, and blue prints for nuclear weapons. Soon after to admitting to
having undeclared nuclear materials and facilities in December 2003, Libya signed an
additional protocol to the NPT. The protocol verified that Libya exterminated all materials,
equipment and programs leading to the development of nuclear weapons. This additional
protocol also allowed unrestricted access for inspection teams to Libyan nuclear related
facilities, and the ability to rigorously inspect any site with scheduled or unscheduled
inspections. With international pressure, Libya agreed to cooperate with the IAEA to provide
transparency in its nuclear activities through rigorous inspection and verification measures. 20
Other Non-Nuclear PoliciesAs an original member of the nuclear club, the United States sees interest in being a
staunch supporter of the IAEA and the non-proliferation regime. Given that inspections by
the IAEA are essential in verifying compliance with the NPT, the US works in close
cooperation with the IAEA secretariat to assure that safeguards are met. The bilateral
relationship between the US and the IAEA results in continuous improvements in the IAEA
inspectorate through training and development of innovative inspection technology and
techniques.21 The US projects a strong counter-proliferation stance to both members and non-
members of the NPT. It urges reforms to strengthen IAEA safeguard procedures to insure
compliance. In 2004, President Bush proposed measures to strengthen IAEA authority to
enforce the NPT. To supplement the US stance, Bush stated that the IAEA should “focus
intensively on safeguards and…ensure that nations comply with their international
obligations.”22 The United States propounds adherence to the Nuclear Non-Proliferation
Treaty by all member states through rigorous inspections that prohibits nations from shirking
away from obligations, and finding loopholes to evade IAEA scrutiny. The US is adamant
about projecting transparency in all nuclear activities to the international community.
Granting IAEA inspection teams full access to declared and undeclared sites through
20 International Atomic Energy Agency, “Annual Report 2003,” 2003 http://www.iaea.org/Publications/Reports/Anrep2003/safeguards.pdf, (accessed 25 February 2006) 53-55. 21 John Simpson and Anthony G McGrew, eds, The International Nuclear Non-Proliferation System: Challenges and Choices (New York: St. Martin’s Press, 1984), 116-117.22 John R. Bolton, “The NPT: A Crisis of Non-Compliance,” 27 April, 2004 http://www.state.gov/t/us/rm/31848.htm, (accessed 25 February 2006).
11
individual safeguard agreements and additional protocols is essential for member states of
the NPT. With out compliance in such inspections, parties of the treaty are in violation of
Articles I and II of the NPT.
In addition to the NPT, European States also created the Atomic Energy Community
(EURATOM), a regional agency that strengthened regional stance on nuclear non-
proliferation. EURATOM was originally based on the Rome Treaty and applies to ten states:
Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands,
and the United Kingdom.23 EURATOM created its own safeguards systems that would
prevent further development of nuclear technology for military purposes, and signed
agreements with the IAEA to verify these controls.
While EURATOM created a regional bond between the IAEA and states of Europe,
Europe continued further in its goal of non-proliferation by creating the EURATOM Treaty,
which creates a binding contract between the communities. While initial clauses did not
clarify relations between European states, the EURATOM treaty was later clarified by the
Court of Luxemburg in 1978. The ruling concerned the International Convention on Physical
Protection of nuclear materials. The Court of Luxemburg decried that individual or collective
action taken by member states can not “impose conditions on the exercise of prerogatives
which thenceforth belong to the Community and which therefore no longer fall within the
field of national sovereignty.” 24
Since EURATOM accepts the use of nuclear material for peaceful purposes, it allows the
transfer of nuclear materials intra-community, but imposes an inspection mechanism that
creates EURATOM safeguards. These safeguards have ‘the advantage of permanency’ since
all signatories are bound by the treaty. While the states in EURATOM are signatories of the
NPT and have individual safeguards with the IAEA, the EURATOM Treaty binds the states
to the terms of the treaty through multilateral covenants.
23 David Fischer and Paul Szasz, Safeguarding the Atom: A Critical Appraisal (London: Taylor & Francis, 1985), 70. 24 Julien R. Goens, “The Opportunities and Limits of European Co-Operation in the Area of Non-Proliferation” in A European Non-Proliferation Policy, ed. Harald Muller, 40 (Oxford: Clarendon Press, 1987).
12
Europe has taken great strides in promoting compliance with any nuclear non-
proliferation agreements entered. Starting in 1995, European states have suggested Nuclear
Weapon Free Zones (NWFZ) that would commit states in ensuring counter proliferation of
nuclear weapons as an alternative to the North American Treaty Organization (NATO), and a
supplement to NPT membership. The draft for a NWFZ in Europe was proposed by Belarus
in 1990 to create a strong regional stance on nuclear non-proliferation. The NWFZ has been
especially proposed for Central and Eastern Europe, and is hoped to be approved by member
states as the Nuclear Weapon Free Zone for Central and Eastern Europe (NWFZC&EE). All
states entering into this regional agreement are subject to inspections by other signatory
parties to verifying nuclear activities. These inspection rights include short notice inspections
in a state’s respective territory as well. The Draft on a NWFZ in Europe also proposed, in
Article II, the procedures for insuring such a regional zone. The text suggested under clauses
7-9 that each signatory state is required to relinquish some sovereignty to allow inspectors
‘full and free access’ to any nuclear activity related site. In addition, it also allocates IAEA
inspectors responsibility for verifying and reporting all peaceful nuclear activities and
deviations from the proposed treaty. Lastly, if the IAEA inspection teams have found that a
‘breach of obligations’ have been committed by a state, then the accused state is obligated to
verify its activities as well as comply with the terms agreed upon. 25
In 1967 the Treaty of Tlateloco declared a NWFZ in Latin America and the Caribbean
by binding signatories from “testing, using, manufacturing, producing or acquiring nuclear
weapons.”26 The main highlight of the treaty states that all nuclear activities as well as
facilities are to be only used for peaceful purposes, and goes further to involve states that
have sovereign rights over territory in that region. As the NPT established the IAEA to
enforce the terms set by the treaty, the Treaty of Tlateloco established the Agency for the
Prohibition of Nuclear Weapons in Latin America (OPANAL) to ensure compliance by all
25 Vienna Peace Bureau, “Draft on the Treaty of a Nuclear Weapons Free Zone in Europe,” Who is next? - The Proliferation of NATO Targets, no. 17 (August 1999), < http://www.inesap.org/bulletin17/bul17art27.htm> (accessed 24 January, 2006). 26 United Nations Institute for Disarmament Research, Coming to Terms with Security: A Handbook on Verification and Compliance, Geneva, Switzerland: UN Publication, June 2003. 69.
13
nuclear weapon states in the region. OPANAL works in cooperation with the IAEA to fulfill
its objectives. Other regions have successfully established NWFZs.27
The African region established a NWFZ with the 1996 Penlindaba Treaty. Like the
Tlateloco Treaty, the Penlindaba Treaty bans the same nuclear activities in addition to
placing banning research on development of nuclear weapons and testing. This regional
system of reinforcing the agreements of the NPT goes further than the Tlateloco Treaty by
having a regional system of checks on nuclear activities. If any signatory party in this treaty
of the African Union (AU) suspects non-compliance, the state in question is given thirty days
to clarify its activities. If clarification is not provided within the given timeframe, the state in
question can be referred to the established African Commission on Nuclear Energy, which
determines whether IAEA involvement is necessary.28
Of the NWFZ treaties established in the major world regions, the Treaty of Rarotonga
has an exceptional stance on non-compliance by signatory parties consisting of South Pacific
states. While other regional supplements to the NPT have safeguard systems, compliance
protocols of the Treaty of Rarotonga are extremely stringent. Verification of compliance
with terms set by the Treaty does not include its own ‘implementing agency’, but involves
cooperation of the IAEA. Any signatory suspected of breaching the terms of the treaty goes
through a procedural system with an established Consultative Committee created in
association. Any accusations are dealt with by the involved party by providing an
explanation of nuclear activities to the Consultative Committee within a certain timeframe. If
explanations are not sufficient, the Committee, upon its discretion, has the ability to order
on-site inspections in any suspected territory under jurisdiction of the violating state. The
state in question has the right to include inspectors to join the team of inspectors from the
IAEA, but these representatives are not in any way allowed to sway or direct the inspectors.
In addition, signatory states of the Treaty of Rarotonga, are subjected to an on-site
inspection, and are required to give IAEA inspectors “full and free access to all information
and places within its territory.”29
27 “The Opportunities and Limits of European Co-Operation in the Area of Non-Proliferation.”28 Ibid.29 Ibid 71.
14
Current StatusIran remains under close scrutiny by the international non-proliferation regime
following the 2003 agreement to accept an additional protocol to the Nuclear Non-
Proliferation Treaty. Although inspections following the signing of this protocol revealed
previously unavailable information to inspectors, there is a lack of transparency in Iranian
compliance and cooperation. The IAEA scheduled inspections reported Iran as non-
compliant by postponing and denying clearance to inspectors at enrichment sites.
Additionally, the IAEA reprimanded Iran for failing to declare technological know-how in
enrichment of nuclear materials, a violation of the additional protocol that Iran had signed.
The Iranian government’s failure to completely cooperate with the IAEA combined with
restrictions placed upon the IAEA inspectors to be able to inspect sites that Iran had
previously agreed to grant access, prevented inspectors from dutifully verifying safeguards.
Following these incidents, the IAEA forced Iran to place a halt on all nuclear
activities in 2004. While Iran agreed, it did so only on the terms that these activities would
be suspended until the IAEA was able to inspect all facilities it suspected of continued
nuclear activity. After inspecting the two nuclear power plants sites that had been suspected
of enriching uranium, the IAEA requested, but did not receive Iranian permission for a
second inspection in March of 2005.30 While the first round of inspections did not yield
evidence of non-compliance and deviation of original Iranian nuclear power plans, the IAEA
was unable to confirm the misuse of these facilities after inspection. In 2006 Iran broke
IAEA seals and resumed enriching uranium at its nuclear plants. An interview with the
Director General of the IAEA, Mohamed ElBaradei, revealed that Iran is not transparent in
its nuclear activities. The IAEA set a deadline of March 6, 2006 for clarifying nuclear
activities and any connection to military involvement in these activities. 31 In addition to
pressure from the IAEA to comply, European Nations and the United States for breaking
IAEA security seals on its nuclear facilities have reprimanded Iran. These admonishments
were reaffirmed on February 1, 2006 when Great Britain, France, and Germany introduced a
30 “Iran Profile: Nuclear Overview,” Recent Developments and Current Status. 31 Mohamed ElBaradei. Interview with Christopher Dickey. Newsweek. Vienna. 23 January, 2006, http://www.msnbc.msn.com/id/10858243/site/newsweek/, (accessed, 24 January, 2006).
15
draft resolution that called for the International Atomic Energy Agency to refer Iran to the
Security Council for non-compliance with the NPT and breaking the accords of the
additional protocol agreed upon in 2004. This action, if passed through the Security Council
imposes international punishment upon Iran by the United Nations. Iranian President,
Mahmoud Ahmadinejad, asserted that, “The Iranian people will continue until they master
nuclear energy, which is their right."32 Iranian officials also declared that European
accusations and referral to the United Nations Security Council lacked legal justifications,
and was infringing on its rights to use nuclear technology for energy purposes. Early in
2006, Iran threatened to end diplomacy if it were referred to the UN Security Council.
In the 2003 Annual IAEA Report, the Agency stated that verification methods of the
NPT needed to be strengthened to counter non-compliance from states such as Iran. With
forty-five NNWS that had not enforced individual safeguard agreements by the end of 2003,
the IAEA finds it difficult to carry out to verify compliance with Article III of the NPT. With
out implementation of safeguards by member states, the IAEA inspectorate is ineffective.
With out state cooperation in bringing these agreements into force, the Agency cannot
implement verification methods of compliance with the safeguards, and project a state’s
nuclear transparency. Of these forty-five cases, the IAEA was only granted international
support in the Iraqi instance where a UN Security Council resolution mandated inspections
to verify nuclear activities.33 The latest IAEA annual report, released in July 2004, reported
only forty states that had not yet implemented safeguard agreements. The decrease in states
that have not enforced safeguard agreements displays the necessity for nuclear transparency
through IAEA inspections. By enforcing these agreements, states are able to prove
compliance with the NPT despite intrusive IAEA inspections. Not enforcing individual
safeguards prevents the Agency from drawing conclusions about nuclear intentions, thus
raising concern by the international non-proliferation regime.
32 Elaine Sciolino, “In Another Threat, Iran Warns It May Block Inspections,” The New York Times, 3 February, 2006, http://www.nytimes.com/2006/02/03/international/middleeast/03iran.html?n=Top%2fNews%2fInternational%2fCountries%20and%20Territories%2fIran, (accessed, 2 February, 2003). 33 International Atomic Energy Agency, “Annual Report 2003,” http://www.iaea.org/Publications/Reports/Anrep2003/safeguards.pdf, (accessed 25 February, 2006).
16
The IAEA 2004 Annual Report stressed the significance of additional protocols that
states individually sign with the IAEA. These protocols grant the IAEA inspectorate the
privilege of expanded access. In comparison to other safeguard agreements, these additional
privileges include access to information regarding a state’s nuclear cycle, and locations of
nuclear activity. In 2004 alone, the number of additional protocols rose from twenty-four to
sixty-two. Of these, fifteen included members of the European Union.34 Providing IAEA
access to more secure information and locations is simply not an altruistic move on behalf of
states. By relinquishing sovereignty, states benefit with their relationship with the IAEA
since the Agency disseminates verification with the NPT. Such conclusions are essential for
states to maintain credibility in respective regions as and in the international forum. Even
NWS, including the United States, have signed additional protocols to assure the
international community that it upholds the terms of the NPT.
Key PositionsWestern Hemisphere
The United States promotes the use of the IAEA as an international organization that
prevents the proliferation of nuclear weapons and use of nuclear technology for non-peaceful
purposes. The United States, one of the largest supporters of the IAEA safeguard systems,
has the support of many European countries such as the United Kingdom, Canada and
Australia. Through individual consensus between NATO nations and allies, the United States
reached many bilateral and multilateral agreements with its western proponents to prevent
the abuse of nuclear materials.35
In addition to the US stance on nuclear non-proliferation, European countries agree
with American sentiments to prevent additional states from obtaining nuclear weapons. From
its inception, Western European states have been adamant about implementation of the
Nuclear Non-Proliferation Treaty. Evidence of their feelings is shown through the
establishment of EURATOM and NWFZs.36 34 International Atomic Energy Agency, “Annual Report 2004,” July 2004, http://www.iaea.org/Publications/Reports/Anrep2004/safeguards.pdf, (accessed 25 February, 2006).35 “The Opportunities and Limits of European Co-Operation in the Area of Non-Proliferation.” 36 Ibid.
17
Latin America and CaribbeanWhile the European system of enforcing nuclear non-proliferation through regional
agreements was not adopted and ratified by members of the European community, other
regional sections have successfully adopted the notion of Nuclear Weapon Free Zones.
OPANAL originally was allowed to perform inspections in the territories of signatory states,
but a 1992 amendment to the Treaty transferred that responsibility to the IAEA. All
signatory states are subjected to special inspections by the IAEA when non-compliance is
suspected with out exception.37 Therefore, this region is in compliance with the IAEA and
supports its scope.
AfricaThe role of the IAEA in this regional system is to conduct on-site inspections as per
the 1996 Penlindaba Treaty with Commission members as part of the inspection team. The
AU has been proactive in its attempts to prevent nuclear proliferation. This is evident by
allowing the IAEA the proper access to facilities to do its job. The findings of the IAEA
inspection team are then taken up to the AU to determine if the state in question will be
referred to the UN Security Council. 38
OceanaWhile other regional supplements to the NPT have safeguard systems, compliance
protocols of the Treaty of Rarotonga the most rigorous of all other regional safeguards. Non-
compliance issues are dealt with directly by the regional body. In addition, signatory states
of the Treaty of Rarotonga, are subjected to an on-site inspection, and are required to give
IAEA inspectors “full and free access to all information and places within its territory.”39
The rigorous regional standards and necessary complete cooperation with the IAEA
demonstrates the efficacy of this regions view towards nuclear proliferation.
37 Ibid 71. 38 Ibid., 71-72.39 Ibid.., 71.
18
Middle East The Middle East does not have a proposed or implemented notion of a nuclear
weapon free zone in its region largely due to the lack of a unified regional stance. With a
conglomeration of states with vastly different ideologies ranging from Israel to Iran, the
entire Middle East has not been able to develop a regional system of safeguards. Scholars do
point out that as in any other region, “In the Middle East, IAEA NPT-type safeguards would
hardly be regarded by the states concerned as adequate unless they were supplemented by a
regional system of safeguards and inspections.”40 While this region remains divided on the
issue of nuclear activities and respective state transparency, there have been proposals of a
Middle Eastern nuclear weapon free zone as well as additional regional cooperation in
counter nuclear proliferation. The Director-General of the IAEA, Mohamed Elbaradei,
mentioned in an interview that in order to develop a strengthened regional safeguard regime,
it is essential for states such as Israel to become a part of the nuclear non-proliferation
regime. Without membership, the IAEA can not perform inspections other than those
requested by Israel itself. Mohamed Elbaradei explained that “the nuclear non-proliferation
regime is a voluntary regime. Israel, India and Pakistan have not acceded to the Nuclear
Non-Proliferation Treaty. As Director General and as an international civil servant, my
authority with regard to these States is basically moral and political, rather than legal.” 41
Despite hesitation, many Middle Eastern states request the IAEA to develop a means of
bringing the nuclear goals of the region on to the negotiation table to be able to discuss the
possibility of a NWFZ. These discussions facilitated by the Director General of the IAEA
included the participation of Israel despite its ideological differences from its neighbors in
regional agreements. With the additional threat of nuclear weapons and technology being
transferred to terrorist organizations in countries such as Libya and Iraq, the establishment of
a NWFZ hopes to bring peace and stability to the region.
40 David Fischer, History of the International Atomic Energy Agency: the First Forty Years. (Australia: IAEA Publications, 1997), 43541 ElBaradei, Mohamed. Interview with Mustafa Abdalla. Al-Ahram 27 July 2004 <http://www.iaea.org/PrinterFriendly/NewsCenter/Transcripts/2004/alahram27072004.html> (accessed 6 February, 2006).
19
NGO PositionsNon-governmental organizations have played an integral role in nuclear non-
proliferation and verifying the containment of nuclear weapons. The Nuclear Age Peace
Foundation, a well known NGO in the nuclear realm, has its goals closely aligned with the
IAEA. The United Nations recognizes it as a peace messenger organization because
advocates strengthening international law and abolishing weapons of mass destruction. The
Nuclear Age Peace Foundation strongly believes in preventing the proliferation of nuclear
weapons endorsing implementation of safeguard systems set by the agency. To facilitate
methods of counter proliferation, the Nuclear Age Peace Foundation holds an annual
international law symposium. The theme of the 2006 symposium revolves around
international law and response to failed compliance with the NPT. It hopes to brainstorm
innovative ideas to address non-compliance with the NPT, and develop international
response to situations like that of Iraq post Gulf War, and the current Iranian situation.
Another NGO which advocates strengthening counter-proliferation stances is
International Physicians for the Prevention of Nuclear War (IPPNW). In a 2002 letter, the
IPPNW urged the United Nations Security Council to allow inspectors to return to Iraq to
complete inspections before militarily enforcing Iraqi disarmament. This organization urges
inspectors to be granted more rights to effectively complete their assigned tasks in disarming
and reporting nuclear activities and materials. The letter also encourages the Security
Council to allow UN inspection teams to have full access to all sites that are suspected of
nuclear activities or stockpiling. These sites do not exclude presidential palaces or any other
undeclared sites of nuclear stockpiling or activity.42 The IPPNW encourages this because it
sees inspections as an alternative to immediate Security Council referral, and international
military or economic action.
The NPPNW also supports the creation of regional nuclear weapons free zones. These
NWFZ have additional regional safeguards that member states sign in addition to agreements
with the IAEA. This double form of inspection and verification strengthens the role of the
42 Robert K. Musil, “PSR (IPPNW-US) Letter to UN Security Council,” 23 October, 2002 < http://www.ippnw.org/IraqPSRUN.html> (accessed, 7 February, 2006).
20
IAEA in enforcing the NPT. Other signatory parties bind states that enter regional
agreements. Defecting on safeguards holds repercussions for the violating state by other
members of the regional NWFZ. Since the IAEA does not have any authority to punish or
correct any violations, these regional agreements fortify international resolve to prevent
nuclear proliferation. The NPPNW encourages such agreements because it provides
reinforcement to the cornerstone agreements of the NPT with valid consequences for non-
compliance. Additionally, member states of regional NWFZ treaties explicitly agree to terms
of inspections by regional inspectorates or IAEA inspection teams. These arrangements can
not in anyway accuse inspection teams of violating state sovereignty because states are fully
aware of the terms of the treaty prior to ratification.
Media PositionsMedia positions vary with the country of origin of media companies. Geographic
location often is a determinant factor in media positions since the press projects images that
reflect the ideologies of the respective public. In the case of the recent Iranian incident, the
media has had two opposing views on the situation. It is clear that Western media, such as
CNN, clearly have western positions on Iranian non-compliance with its agreements to
suspend nuclear activities. Recent CNN reports include western suspicion of what is feared
as a development of an Iranian nuclear weapon program. Other reports have alleged Iranian
anger in response to being reported to the United Nations Security Council. Words such as
‘anger’ and Iranian threats to end diplomatic talks have been viewed by western media as
hostile actions. Other media sources, such as the New York Times, have written similar
articles on the Iranian response to possible referral to the Security Council for non-
compliance to the additional protocols.
Middle Eastern media views this incident differently. An Egyptian weekly newspaper,
the Al-Ahram, views the Iranian situation as the West versus Iran. Iran’s non-compliance of
the NPT is just a way of fighting against years of European pressure to make its nuclear
activity more transparent to assure the international community of the peaceful use of its
power plants. It sees European pressure as a western way of preventing Iran from
21
developing. A more well-known Middle Eastern media source, Al Jazeera, gives an excellent
alternative opinion. Its articles quote Iranian statements as a means of explaining the lack of
cooperation with the IAEA rather than as reasons for suspecting deviation from original
intent.
22
Summary
Signatories of the NPT are under an obligation to verify safeguards assumed under
this treaty. Despite such a utopian concept, signatory states have sovereignty over their
territory. Therefore, the International Atomic Energy Agency cannot use international force
or clout to insure compliance. The IAEA’s responsibility to perform its duty is defined solely
by the amount of sovereignty that each member state relinquishes. With growing fears of
nuclear proliferation, the IAEA hopes to reinforce the goals and statutes it was created to
uphold. Deceptive activity under pretenses of status as an NPT signatory, such as Iraq and
the self-proclaimed special status of North Korea with the IAEA, creates implications for the
lack of assertion in the inspection process and inspector rights to gain clearance to declared
and undeclared sites. Examples of such holes in the nuclear counter proliferation regime will
have profound effects on the international community.
Hans Blix, the former chairman of the United Nations Monitoring and Verification
Inspection Commission, defined the relationship between states and the IAEA in the
following statement: “the inspections are not performing espionage, nor are they an
international arms control police. It must be remembered that the government of the
inspected state retains territorial control and can at any time deny inspectors access and
withhold cooperation- but it can do so only at the price of sending warning signals to the
world.”43 The relationship between states and the IAEA can be seen as a mutual bond in
which there are both positive and negative aspects. While states may be concerned about
relinquishing some sovereignty by allowing inspectors access to sites, they ultimately have
control over the territory they rule. Additionally, states undergoing inspection have the right
to ensure that its own representatives accompany IAEA inspectors at all times. Complying
and granting clearance for inspectors is an excellent tool to provide transparency for nuclear
ambitions and activities.
43 Hans Blix, “The role of Inspection as a part of the effort to prevent the possession of Weapons of Mass Destruction,” 28 May, 2001, http://www.un.org/Depts/unmovic/ExecChair/Blix%20in%20Ottawa.htm, (accessed 5 February, 2006).
23
For non-nuclear weapon states (NNWS), the concern of inspections infringement on
national security arises with the issue of confidence of the inspectors. Many NNWS states,
such as Belgium, France, Germany, Italy, and Japan originally worried that inspections
would reveal patented and new nuclear technology that would otherwise be advantageous in
peaceful applications, but would place them at a disadvantage if inspections made sensitive
information public. Addressing these concerns, the IAEA maintains secrecy in reporting all
findings of inspections, thus maintaining confidentiality with respect for a states’ public and
private nuclear activities.
Additionally, regional systems of safeguards as well as bilateral agreements between
states with respective agencies in collaboration with the IAEA may serve to promote and
reinforce the authority of the agency. Inspections occurring from additional regional and
bilateral agreements between states reinforce a state’s position and fulfillment to the
obligations it signs under the nuclear non-proliferation treaty. Such agreements also are
formed to place a binding agreement between states to commit to what they have asserted
under international law. Any state that is suspected of non- compliance is subject to
reprimands, and expected to rectify the transgression to follow with the terms of the treaty.
The issue of inspections infringing upon state sovereignty is of both regional and
international concern. While all signatories of agreements that require inspections as a form
of monitoring and verification enter into agreements know the scope of the terms, states
become most concerned when inspections go beyond the fine line of individual sovereignty
and the extent of the Nuclear Non-Proliferation Treaty. With one hundred eighty-eight
member states that have agreed to the terms of the Nuclear Non-Proliferation Treaty, the
responsibility of ensuring compliance with such a large conglomeration of states falls upon
the IAEA, which must maintain a great amount of discretion. This discretion is required in
determining the need for pressing states for more inspectors’ rights while respecting a state’s
sovereign rule over a territory.
24
Discussion Questions If sovereignty includes the right to agree to treaties, should the terms of such
treaties bind states to compliance by force?
What are the implications of a strengthened IAEA? Should states relinquish more sovereignty to ensure peace?
Should the role of the IAEA be strengthened to be able to penalize violators of the NPT?
What aspects of inspections infringe upon the rights of states?
How should inspections be reformed to respect state sovereignty while carrying out its safeguards?
Should countries that have signed and agreed to the terms of the NPT be able to evict inspectors from their respective countries?
Should inspectors be required to have representatives of a state present while they inspect sites?
If countries are suspected of deceiving the IAEA (as in the case of Iraq), should inspectors have the right to override the state’s denial of clearance to sites?
Should states that are known to have undisclosed nuclear activities and facilities be forced to sign additional protocols to the NPT after admitting to it? Should inspectors be granted more rights to access in nuclear-non compliant states?
Why are regional systems of verification necessary if most safeguard systems established are already in cooperation with the IAEA? Why do regional systems have more clout of compliance and have more aggressive inspection rights than the IAEA alone? Should this be remedied?
Have regional positions on IAEA inspections helped or hindered inspectors?
Should the role of the IAEA be reformed to be an international enforcer of the NPT?
If a state refuses IAEA inspection teams, should the UN Security Council or member states be responsible for enforcing compliance with the NPT?
25
Glossary
Additional protocols (APs): These were designed for States having a safeguards agreement with the Agency, in order to strengthen the effectiveness and improve the efficiency of the safeguards system as a contribution to global nonproliferation objectives. Other States may accept and implement those measures of the Model Additional Protocol that they choose with a view to contributing to non-proliferation aims or to the effectiveness and efficiency objectives of the Protocol.44
Ad-Hoc Inspection- an inspection that is not part of series of regular, routine inspections. Ad-Hoc inspections are also called random inspections. 45
Comprehensive safeguards agreements (CSAs): All non-nuclear-weapon States party to the NPT, as well as States party to the regional nuclear-weapon-free zone treaties, are required to conclude CSAs with the Agency. In accordance with the terms of such agreements, a State undertakes to accept safeguards on all nuclear material in all peaceful nuclear activities, within its territory, under its jurisdiction or carried out under its control anywhere for the purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices. Under these agreements, the Agency has the right and obligation to ensure that safeguards are applied on all such nuclear material.46
Declared Facility- A facility that has been identified by a treaty party as being subject to the terms of a treaty. All non-nuclear weapon states (NNWS) are required to declare these facilities under IAEA safeguards.47
Declared Site Inspection- an inspection conducted at a relevant site to the NPT. 48
Non-Nuclear States- States that were not originally nuclear state at the signing of the NPT49
Nuclear States- States that were original nuclear states at the signing of the NPT.50
On-site Inspection (OSI)- This is a short visit by an inspection team to verify compliance with the safeguards determined by the state and the IAEA, as well as the NPT.51
44 International Atomic Energy Agency, “Annual Report 2004,” July 2004, http://www.iaea.org/Publications/Reports/Anrep2004/safeguards.pdf, (accessed 25 February, 2006).45 United Nations, United Nations Institute for Disarmament Research, Coming to Terms with Security: A Handbook on Verification and Compliance. (Geneva, Switzerland: UN Publication, June 2003).46 IAEA Annual Report 200447 United Nations Institute for Disarmament Research.48 Ibid.49 Ibid.50 Ibid.51 Ibid.
26
Special Inspection- An inspection in which the IAEA or regional safeguards agency conducts an investigation upon credible evidence of non-compliance.52
Transparency- Openness of information regarding a state’s nuclear activities, both peaceful and military. 53
Voluntary offer agreements (VOAs): The five NPT nuclear-weapon States have concluded safeguards agreements covering some or all of their peaceful nuclear activities. Under the VOAs, facilities or nuclear material in facilities notified to the Agency by the State concerned are offered for the application of safeguards. VOAs serve two purposes: to broaden the Agency’s safeguards experience by allowing for inspections at advanced facilities; and to demonstrate that nuclear weapon States are not commercially advantaged by being exempt from safeguards on their peaceful nuclear activities.54
52 Ibid.53 Ibid. 54 IAEA Annual Report 2004
27
Works Cited
Blix, Hans. “The role of Inspection as a part of the effort to prevent the possession of Weapons of Mass Destruction,” 28 May, 2001, http://www.un.org/Depts/unmovic/ExecChair/Blix%20in%20Ottawa.htm.
Bolton, John R., “The NPT: A Crisis of Non-Compliance,” 27 April 2004 http://www.state.gov/t/us/rm/31848.htm.
Cooper, Mary H. "Non-Proliferation Treaty at 25." The CQ Researcher 5, no. 4 (January 27, 1995). http://library.cqpress.com/cqresearcher/cqresrre1995012700 (accessed February 1, 2006).
ElBaradei, Mohamed. Interview with Mustafa Abdalla. Al-Ahram 27 July 2004 http://www.iaea.org/PrinterFriendly/NewsCenter/Transcripts/2004/alahram27072004.html (accessed 6 February, 2006).
Fischer, David and Szasz, Paul. Safeguarding the Atom: A Critical Appraisal. London: Taylor & Francis, 1985.
Fischer, Wolfgang and Stein, Gotthard, “On-site Inspections: Experiences from Nuclear Safeguarding.” Disarmament Forum- Onsite Inspections: common Problems, Different Solutions, no. 3 (1999): http://www.unidir.org/pdf/articles/pdf-art217.pdf 50.
Fisher, David. History of the International Atomic Energy Agency : the First Forty Years. Australia: IAEA Publications, 1997.
Goens, Julien, R., “The Opportunities and Limits of European Co-Operation in the Area of Non-Proliferation” in A European Non-Proliferation Policy, edited by Harald Muller, 40. Oxford: Clarendon Press, 1987.
International Atomic Energy Agency, “Annual Report 2003,” http://www.iaea.org/Publications/Reports/Anrep2003/safeguards.pdf.
International Atomic Energy Agency, “Annual Report 2004,” http://www.iaea.org/Publications/Reports/Anrep2004/safeguards.pdf.
International Atomic Energy Agency, “Country Nuclear Power Profiles: Islamic Republic of Iran,” http://www-pub.iaea.org/MTCD/publications/PDF/cnpp2003/CNPP_Webpage/countryprofiles/Iran/Iran2003.htm.
28
International Atomic Energy Agency, “Factsheet & FAQs” 2003-2004, http://www.iaea.org/Publications/Factsheets/English/sg_overview.html.
International Atomic Energy Agency, “IAEA Safeguards: Stemming the Spread of Nuclear Weapons,” http://www.iaea.org/Publications/Factsheets/English/S1_Safeguards.pdf.
International Atomic Energy Agency, “The Structure and Content of Agreements Between the Agency and States Required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons,” June 1972, http://www.iaea.org/Publications/Documents/Infcircs/Others/inf153.shtml.
International Atomic Energy Agency, “Treaty on the Non-Proliferation of Nuclear Weapons,” 22 April 1970, http://www.iaea.org/Publications/Documents/Infcircs/Others/infcirc140.pdf.
Mohamed ElBaradei. Interview with Christopher Dickey. Newsweek. Vienna. 23 January, 2006, http://www.msnbc.msn.com/id/10858243/site/newsweek/.
Musil, Robert, K. “PSR (IPPNW-US) Letter to UN Security Council,” 23 October, 2002 http://www.ippnw.org/IraqPSRUN.html.
NTI, “Iran Profile: Nuclear Overview,” December 2005 http://www.nti.org/e_research/profiles/Iran/1819.html (accessed February 3, 2006).
Rueckert, George L., On-Site Inspection in Theory and Practice Westport, Connecticut: Praeger Publishers, 1998.
Sciolino, Elaine. “In Another Threat, Iran Warns It May Block Inspections,” The New York Times, 3 February, 2006, http://www.nytimes.com/2006/02/03/international/middleeast/03iran.html?n=Top%2fNews%2fInternational%2fCountries%20and%20Territories%2fIran .
Simpson, John and Anthony G McGrew, eds. The International Nuclear Non-Proliferation System: Challenges and Choices. New York: St. Martin’s Press, 1984.
United Nations. United Nations Institute for Disarmament Research, Coming to Terms with Security: A Handbook on Verification and Compliance. Geneva, Switzerland: UN Publication, June 2003.
29
United States. Technology Assessment Board of the 103d Congress. Nuclear Safeguards and the International Atomic Energy Agency. Washington, DC: Government Printing Office (GPO), June 1995.
Vienna Peace Bureau, “Draft on the Treaty of a Nuclear Weapons Free Zone in Europe,” Who is next? - The Proliferation of NATO Targets, no. 17 (August 1999), http://www.inesap.org/bulletin17/bul17art27.htm.
30
Works Referenced
Bailey, Kathleen C. The UN Inspections in Iraq: Lessons for On-Site Verification. San Francisco: Westview Press, 1995.
Deaver, Michael V. Disarming Iraq. Westport: Praeger Publishers, 2001.
Dhanapala, Jayantha and Randy Rydell. UN Institute for Disarmament Research. Multilateral Diplomacy and the NPT: An Insider’s Account. Geneva: UN Publication, 2005.
Gallagher, Nancy W. The Politics of Verification. Baltimore: Johns Hopkins University Press, 1999.
Griffin, Rodman D. "Nuclear Proliferation." The CQ Researcher 2, no. 21 (June 5, 1992). http://library.cqpress.com/cqresearcher/cqresrre1992060500 (accessed February 1, 2006).
Wood, Terry, S. “Sovereignty and Security: Achieving and Acceptable Balance” IAEA Regional Seminar on the Protocol Additional to Nuclear Safeguards Agreements. Lima, Peru: IAEA, 4-7 December, 2001.
“Nuclear Nonproliferation Overview International Treaties and Regional Issues.” International Debates, Feb2006, Vol. 4 Issue 2, p34-40. http://search.epnet.com/login.aspx?direct=true&db=aph&an=19749418.
Raufi, Tariq. “Strengthening the Nuclear Non-Proliferation Treaty Regime,” 26 April 2004, http://www.iaea.org/NewsCenter/Focus/Npt/npt2004_2604_mpi.pdf (accessed 28, February, 2006).
Timerbaev, Roland. “What Next for the NPT: Facing the Moment of Truth.” IAEA Bulletin 46/2 March 2005, http://www.iaea.org/Publications/Magazines/Bulletin/Bull462/what_next.pdf (accessed 25 February, 2006).
United Nations. UN Institute for Disarmament Research. Building a Weapons of Mass Destruction Free Zone in the Middle East: Global Non-Proliferation Regimes and Regional Experiences. Geneva: UN Publication, 2004.
0
Appendix A: Strengthened Safeguards System: States with Additional Protocols
The latest status report, as of 17 February 2006, includes: State Board Approval Date signed In Force State Board Approval Date signed In Force
Afghanistan 1-Mar-05 19-Jul-05 19-Jul-05 Latvia 7-Dec-00 12-Jul-01 12-Jul-01Albania 16-Jun-04 2-Dec-04 Libyan Arab Jamahiriya 9-Mar-04 10-Mar-04 */Algeria 14-Sep-04 Liechtenstein 16-Jun-05Andorra 7-Dec-00 9-Jan-01 Lithuania 8-Dec-97 11-Mar-98 5-Jul-00Armenia 23-Sep-97 29-Sep-97 28-Jun-04 Luxembourg 11-Jun-98 22-Sep-98 30-Apr-04Australia 23-Sep-97 23-Sep-97 12-Dec-97 Madagascar 18-Jun-03 18-Sep-03 18-Sep-03Austria 11-Jun-98 22-Sep-98 30-Apr-04 Malaysia 22-Sep-05 22-Nov-05Azerbaijan 7-Jun-00 5-Jul-00 29-Nov-00 Mali 10-Sep-02 12-Sep-02 12-Sep-02Bangladesh 25-Sep-00 30-Mar-01 30-Mar-01 Malta 28-Nov-02 24-Apr-03 12-Jul-05Belarus 3-Oct-05 15-Nov-05 Marshall Islands 1-Mar-05 3-May-05 3-May-05Belgium 11-Jun-98 22-Sep-98 30-Apr-04 Mauritania 18-Mar-03 2-Jun-03Benin 17-Sep-04 7-Jun-05 Mauritius 14-Sep-04 9-Dec-04Botswana 20-Sep-05 Mexico 12-Mar-04 29-Mar-04Bulgaria 14-Sep-98 24-Sep-98 10-Oct-00 Monaco 25-Nov-98 30-Sep-99 30-Sep-99Burkina Faso 18-Mar-03 17-Apr-03 17-Apr-03 Mongolia 11-Sep-01 5-Dec-01 12-May-03Cameroon 16-Jun-04 16-Dec-04 Morocco 16-Jun-04 22-Sep-04Canada 11-Jun-98 24-Sep-98 8-Sep-00 Namibia 21-Mar-00 22-Mar-00Cape Verde 16-Jun-05 28-Jun-05 Netherlands 11-Jun-98 22-Sep-98 30-Apr-04Chile 10-Sep-02 19-Sep-02 3-Nov-03 New Zealand 14-Sep-98 24-Sep-98 24-Sep-98China 25-Nov-98 31-Dec-98 28-Mar-02 Nicaragua 12-Jun-02 18-Jul-02 18-Feb-05Comoros 16-Jun-05 13-Dec-05 Niger 9-Mar-04 11-Jun-04Costa Rica 29-Nov-01 12-Dec-01 Nigeria 7-Jun-00 20-Sep-01Colombia 25-Nov-04 11-May-05 Norway 24-Mar-99 29-Sep-99 16-May-00Croatia 14-Sep-98 22-Sep-98 6-Jul-00 Palau 1-Mar-05 13-May-05 13-May-05Cuba 9-Sep-03 18-Sep-03 3-Jun-04 Panama 29-Nov-01 11-Dec-01 11-Dec-01Cyprus 25-Nov-98 29-Jul-99 19-Feb-03 Paraguay 12-Jun-02 24-Mar-03 14-Sep-04Czech Republic 20-Sep-99 28-Sep-99 1-Jul-02 Peru 10-Dec-99 22-Mar-00 23-Jul-01DR Congo 28-Nov-02 9-Apr-03 9-Apr-03 Philippines 23-Sep-97 30-Sep-97Denmark 11-Jun-98 22-Sep-98 30-Apr-04 Poland 23-Sep-97 30-Sep-97 5-May-00Ecuador 20-Sep-99 1-Oct-99 24-Oct-01 Portugal 11-Jun-98 22-Sep-98 30-Apr-04El Salvador 23-Sep-02 5-Sep-03 24-May-04 Republic of Korea (ROK) 24-Mar-99 21-Jun-99 19-Feb-04Estonia 1-Dec-02 Romania 9-Jun-99 11-Jun-99 7-Jul-00Fiji 16-Jun-05 Russia 21-Mar-00 22-Mar-00Finland 11-Jun-98 22-Sep-98 30-Apr-04 Senegal 1-Mar-05France 11-Jun-98 22-Sep-98 30-Apr-04 Serbia and Montenegro 14-Sep-04FYROM 16-Jun-05 12-Jul-05 Seychelles 18-Mar-03 7-Apr-04 13-Oct-04
1Gabon 18-Mar-03 8-Jun-05 Singapore 20-Sep-05 22-Sep-05Georgia 23-Sep-97 29-Sep-97 3-Jun-03 Slovakia 1-Dec-02Germany 11-Jun-98 22-Sep-98 30-Apr-04 Slovenia 25-Nov-98 26-Nov-98 22-Aug-00Ghana 11-Jun-98 12-Jun-98 11-Jun-04 South Africa 12-Jun-02 13-Sep-02 13-Sep-02Greece 11-Jun-98 22-Sep-98 30-Apr-04 Spain 11-Jun-98 22-Sep-98 30-Apr-04Guatemala 29-Nov-01 14-Dec-01 Sweden 11-Jun-98 22-Sep-98 30-Apr-04Haiti 20-Mar-02 10-Jul-02 Switzerland 7-Jun-00 16-Jun-00 1-Feb-05Holy See 14-Sep-98 24-Sep-98 24-Sep-98 Tajikistan 12-Jun-02 7-Jul-03 14-Dec-04Honduras 16-Jun-05 7-Jul-05 Tanzania 16-Jun-04 23-Sep-04 7-Feb-05Hungary 25-Nov-98 26-Nov-98 4-Apr-00 Thailand 20-Sep-05 22-Sep-05Iceland 9-Sep-03 12-Sep-03 12-Sep-03 Togo 22-Sep-03 26-Sep-03Indonesia 20-Sep-99 29-Sep-99 29-Sep-99 Tunisia 1-Mar-05 24-May-05Iran 21-Nov-03 18-Dec-03 Turkey 7-Jun-00 6-Jul-00 17-Jul-01Ireland 11-Jun-98 22-Sep-98 30-Apr-04 Turkmenistan 1-Mar-05 17-May-05 3-Jan-06Italy 11-Jun-98 22-Sep-98 30-Apr-04 Uganda 25-Nov-04 14-Jun-05 14-Feb-06Jamaica 12-Jun-02 19-Mar-03 19-Mar-03 Ukraine 7-Jun-00 15-Aug-00 24-Jan-06Japan 25-Nov-98 4-Dec-98 16-Dec-99 United Kingdom of Great Britain
and Northern Ireland 11-Jun-98 22-Sep-98 30-Apr-04Jordan 18-Mar-98 28-Jul-98 28-Jul-98 United States of America 11-Jun-98 12-Jun-98Kazakhstan 18-Jun-03 6-Feb-04 Uruguay 23-Sep-97 29-Sep-97 30-Apr-04Kiribati 10-Sep-02 9-Nov-04 Uzbekistan 14-Sep-98 22-Sep-98 21-Dec-98Kuwait 12-Jun-02 19-Jun-02 2-Jun-03 Totals 113 107 74
Strengthened Safeguards System: Other Parties with Additional ProtocolsOther Parties Board Approval Date signed In Force
Euratom 1/ 11-Jun-98 22-Sep-98 30-Apr-04
1 1 1
*/ Libyan Arab Jamahiriya has pledged to apply its Additional Protocols pending entry into force.1/ The Agency also applies safeguards, including the measures foreseen in the Model Additional Protocol, in Taiwan, China. Pursuant to a decision by the Board, the relations between the Agency and the authorities in Taiwan, China are non-governmental.2/ Accession to the additional protocol with EU NNWS reproduced in INFCIRC 193/Add.8 [pdf]
Source: http://www.iaea.org/OurWork/SV/Safeguards/sg_protocol.html
2
Appendix B: States that Have Ratified or Acceded to the NPT as of 1 March, 2005Afghanistan Congo Iceland Myanmar SloveniaAlbania Costa Rica Indonesia Namibia Solomon Islands Algeria Côte d'Ivoire Iran (Islamic Republic of) Nauru Somalia Andorra Croatia Iraq Nepal South Africa Angola Cuba Ireland Netherlands Spain Antigua and Barbuda Cyprus Italy New Zealand Sri Lanka Argentina Czech Republic Jamaica Nicaragua Sudan Armenia Democratic People's Republic of Korea* Japan Niger Suriname Australia Democratic Republic of the Congo Jordan Nigeria Swaziland Austria Denmark Kazakhstan Norway Sweden Azerbaijan Djibouti Kenya Oman Switzerland Bahamas Dominica Kiribati Palau Syrian Arab Republic Bahrain Dominican Republic Kuwait Panama Tajikistan Bangladesh Ecuador Kyrgyzstan Papua New Guinea Thailand Barbados Egypt Lao PDR Paraguay FYROMBelarus El Salvador Latvia Peru Timor-LesteBelgium Equatorial Guinea Lebanon Philippines Togo Belize Eritrea Lesotho Poland Tonga Benin Estonia Liberia Portugal Trinidad and Tobago Bhutan Ethiopia Libyan Arab Jamahiriya Qatar Tunisia Bolivia Fiji Liechtenstein Republic of Korea Turkey Bosnia and Herzegovina Finland Lithuania Republic of Moldova Turkmenistan Botswana France Luxembourg Romania Tuvalu Brazil Gabon Madagascar Russian Federation Uganda Brunei Darussalam Gambia Malawi Rwanda Ukraine Bulgaria Georgia Malaysia Saint Kitts and Nevis United Arab Emirates Burkina Faso Germany Maldives Saint Lucia United Kingdom of Great Britain andBurundi Ghana Mali Saint Vincent and the Grenadines Northern Ireland Cambodia Greece Malta Samoa United Republic of TanzaniaCameroon Grenada Marshall Islands San Marino United States of America Canada Guatemala Mauritania Sao Tome and Principe Uruguay Cape Verde Guinea Mauritius Saudi Arabia Uzbekistan Central African Republic Guinea-Bissau Mexico Senegal Vanuatu Chad Guyana Micronesia (Federated States of) Serbia and Montenegro Venezuela Chile Haiti Monaco Seychelles Viet Nam China Holy See Mongolia Sierra Leone Yemen Colombia Honduras Morocco Singapore Zambia Comoros Hungary Mozambique Slovakia Zimbabwe * Announced its withdrawal on 10 January 2003. Source: http://www.un.org/events/npt2005/presskit.pdf
3
Appendix C: IAEA Organizational Chart
Source : http://www.iaea.org/About/org_chart.html